Harper v. Clark

*Day, C. J.

On the 3d day of September, 1864, the defendant in error obtained a judgment against the plaintiff in error, before a justice of the peace. An appeal was taken by the plaintiff in error to the court of common pleas. The defendant in error moved to dismiss the appeal, for the reason that the transcript, by which the ease was appealed, was not stamped as required by the revenue laws of Congress. The motion was sustained.

It appears from the bill of exceptions that the appeal was, in all1 respects, in conformity to the laws of this state; that the court refused to permit the plaintiff…